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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Category Archives: Intellectual Property

Posted in Intellectual Property, Internet Photo of Brendan C. Quinn

U.S. Supreme Court rejects categorical rule that generic term plus “.com” results in a generic composite

The United States Supreme Court holds that adding a top-level domain, like “.com”, to an otherwise generic term does not automatically result in a generic composite, and that a genericness determination must consider the significance of the term to consumers. The case is U.S. Patent & Trademark Office v. Booking.com B.V., U.S., No. 19-46 (2020). Booking.com – an online travel company that provides hotel and other reservation services – filed four trademark applications for the mark “Booking.com” with different visual features. The United States Patent and Trademark Office (the “PTO”)

Posted in Copyright, Intellectual Property Photo of Eugene LowPhoto of Charmaine Kwong

Cheaper in-app purchases… tempting but what is at stake?

Mobile applications are becoming indispensable in our daily lives and businesses. There are many ways to monetize a game app – through showing ads, offering free trials, income from in-app purchases etc. Unfortunately, there are people who reap profit from unauthorized in-app purchases. This also gives rise to potential legal issues such as infringement of intellectual property rights, money laundering, fraud and hacking. This article provides an overview of in-app purchases in games and the potential remedial actions. With the global lockdown and travel restrictions in place, we are seeing

Posted in Copyright, Intellectual Property, patents, Technology Photo of Burkhart GoebelPhoto of Miriam GundtPhoto of Celine CrowsonPhoto of Lloyd Parker

Global Intellectual Property Outlook 2020 – Two steps forward and a look back

Our fourth annual Global Intellectual Property Outlook reflects on some of the biggest developments from 2019, and provides valuable insights on upcoming changes in 2020. From key decisions and the latest case law, to how emerging technology, policy and trade will impact your IP portfolio and strategy. The start to 2020 has been an unprecedented time for us all. As citizens, businesses, governments and regulators adjust to the new challenges presented by the global spread of COVID-19, and social distancing and remote working become the new norm, there is no

Posted in Intellectual Property Photo of Steven LevitanPhoto of Anna-Katharina FriesePhoto of Zhen FengPhoto of Grace GuoPhoto of Julia PengPhoto of Dr. Frederick ChenPhoto of Hiroto ImaiPhoto of Stanislas Roux-ValliardPhoto of Christian StollPhoto of Federico FuscoPhoto of Ruud van der VeldenPhoto of Natalia GulyaevaPhoto of Alastair ShawPhoto of Ana CastedoPhoto of Bernardo Herrerias F.Photo of Valentina Schmid

Global Trade Secrets Guide 2020

Businesses are increasingly turning to trade secrets as a mechanism to protect their innovations and know-how. From the implementation of the EU Trade Secrets Directive, to recent amendments to China’s Anti-Unfair Competition Law, many countries have taken significant strides to increase protection for trade secret owners and their rights.  However, mobile workforces, advancements in technology, and inconsistencies in enforcement regimes pose new challenges for rights holders. With further political and economic changes on the horizon, learning how to navigate this rapidly evolving legal and regulatory landscape is essential. Our guide

Posted in Intellectual Property, Technology

Tech Tax – Looking Forward to 2020

Following-up from our previous blogs on Tech Tax, we thought it would be useful to take a whirlwind tour of what to expect in tax and transfer pricing related topics in 2020. But for those that are curious, why are such seemingly dry topics so relevant to tech companies? It’s because their dynamism and continual state of change almost inevitably have tax consequences, or attract attention from tax authorities. It is also relevant because of the importance of IP to their business models and value creation, the inexorable growth of the digital

Posted in Copyright, Intellectual Property

Tom Kabinet: CJEU rules resale of e-books requires permission of copyright holder

The CJEU in its Tom Kabinet judgment has ruled that the supply of e-books qualifies as “an act of communication to the public” under the InfoSoc Directive instead of “a distribution to the public” as is the case with physical books. It follows that copyright  in e-books cannot be exhausted. This means that the resale of e-books requires the authorization of the copyright holders or else violates the author’s or publisher’s copyrights. The same reasoning is expected to apply to all digital formats of copyright protected works covered under the

Posted in Artificial Intelligence, Blockchain, Copyright, Cybersecurity, Data Protection & Privacy, Intellectual Property, Internet, Policy & Regulation, Technology

A Turning Point for Tech – Global survey on digital regulation

Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s launch at Hogan Lovells’ London Office, editor of the survey, Falk Schoening uncovered the 452 digital regulations that had been proposed across 16 jurisdictions in just six months of monitoring. The report aims to provide insight for what is on the horizon for tech companies, giving them a ‘heads up’ on how they should look at their business models

Posted in Intellectual Property Photo of Anthonia GhalamkarizadehPhoto of Eugene Low

esports: IP opportunities and risks for brand owners

“esports” is competitive video gaming at a professional level. This space is attractive to brand owners for targeting today’s saturated audiences with innovative forms of advertising. Combined revenues in the esports industry are expected to grow to US$ 1.4 billion by 2020. It is attracting investors from across diverse sectors, including technology, consumer goods, traditional sports and financial institutions. We’re seeing new regulatory incentives on national and international levels and we’re observing self-regulation of IP ownership in the complex network of individual IP contributions that drive this industry. Click here for

Posted in Intellectual Property

September seminar: Improving social mobility in the IP profession

We’re excited to partner with IP Inclusive to host a seminar focused on social mobility in the IP profession. On 24 September 2019, join us for a discussion with not-for-profit organisations and other businesses around how they are working to improve social mobility within IP and legal professions, and explore strategies for how we can create a more inclusive and diverse working environment. What’s lined up? Keynote from Nicholas Cheffings, Chair of PRIME Series of short talks from organisations and charities tackling these issues Group discussions to consider how businesses can

Posted in Copyright, Intellectual Property, patents Photo of Zhen FengPhoto of Eugene Low

Investing in China’s TMT sector: What you need to know

China is a market that represents a paradox for many telecoms, media and technology (“TMT“) companies. On the one hand it offers the promise of almost unlimited growth potential if you get the product right, but on the other it presents huge challenges from the regulatory and compliance perspective in terms of establishing a foothold in the market. The challenges include market access restrictions, data localization requirements, to name but a few. The market access and intellectual property protection issues in particular have been the focal point of the ongoing

Posted in Intellectual Property, patents Photo of Jason Lohr

Webinar summary: Artificial Intelligence – Getting to grips with basics and legal implications

Jason Lohr (San Francisco) held the first in a series of internal webinars on the basics and legal implications of artificial intelligence (AI) and machine learning, highlighting their relevance to IPMT. AI touches nearly every industry and is used to solve complex problems, spot and minimize risks, improve decision-making, and develop new products. Key issues and tips for navigating this complex area were covered, including: The current state of AI and key concepts: As AI is still relatively new, the best way to develop a better understanding is to become familiar with

Posted in Intellectual Property

Amsterdam practice welcomes leading IP hire

We are delighted to welcome Samantha Brinkhuis to our IPMT practice today, 1 August. Based in Amsterdam, she joins us from De Brauw Blackstone Westbroek. With extensive experience in both contentious and non-contentious matters, Samantha primarily assists clients with trademark, copyright and unfair competition matters. Her practice also covers trade secrets, media and entertainment law, advertising law, IP transactions, licensing, IP strategy and enforcement. Burkhart Goebel, Head of the IP practice at Hogan Lovells, said: “Samantha is a strong addition to our Intellectual Property, Media and Technology practice. Her reputation

Posted in Intellectual Property Photo of Keith O'Doherty

Innovation Lounge held in D.C. on 17 July

On 17 July 2019 we hosted our most recent Innovation Lounge at our Washington, D.C. office. The Innovation Lounge is an associate networking event series which focuses not only on IP-issues, but on healthcare, regulatory issues, and privacy issues. Summer associates, in-house counsel, IP associates, and members of advocacy groups listened to a panel of C-level executives and directors from Appian, Genesys, Results Redefined, and Frontpoint address concerns over data privacy, the balance of innovation and regulation, the changing face of healthcare, and how in the not-so distant future, anyone could

Posted in Cybersecurity, Data Protection & Privacy, Intellectual Property Photo of Andrew McGinty

China’s first Data Protection Measures lifting its veils

On May 28, 2019, the Cyberspace Administration of China released the draft Measures on the Administration of Data Security (“Data Security Measures“, see our in-house English translation here) for public consultation. These Data Security Measures will be a great leap forward in China’s current data protection landscape, which mainly consists of scattered provisions contained in various pieces of legislations and standards, such as the Cyber Security Law, the E-Commerce Law, the Consumer Rights Protection Law as well as the Personal Information Security Specification, the most comprehensive yet non-binding national standard

Posted in Intellectual Property Photo of Yu-an ChangPhoto of Zhen FengPhoto of Grace GuoPhoto of PJ KaurPhoto of Eugene Low

Post-INTA roundup: China’s evolving IP landscape

During this year’s 2019 INTA Annual Meeting, our Greater China IP team discussed the following key issues around China’s evolving IP landscape. What’s in store for brand owners in China? Partner, Helen Xia discussed recent updates on strategies to curb trademark hijacking and factors leading up to this phenomenon. In recent years, China has had a high volume of trademark fillings due to the first-to-file principle, the lack of an intent-to-use requirement, and the low costs of filing marks. Internal and external pressures, including trade negotiations with the U.S., have given

Posted in Intellectual Property Photo of Theodore J. Mlynar

IPMT group represented by partner Ted Mlynar at Consensus 2019

Blockchain Week was in full force, with Consensus 2019 event held in New York City May 13-15. Our IPMT group was represented by Ted Mlynar, Head of the U.S. Blockchain and DLT Practice, and was joined by UK partners John Salmon and Richard Diffenthal. Coined the most influential blockchain event of the year, Consensus brought together a wide array of developers, regulators, investors, and more to discuss the future of blockchain and cryptocurrency.  Hot topics included crypto regulation, investment opportunities, technology advances, ongoing legal issues, and predictions for the future.

Posted in Intellectual Property

MIP: Top 250 Women in IP 2019/20

We are delighted to announce that Arlene Chow, Zhen (Katie) Feng, Imogen Fowler, Natalia Gulyaeva and Julia Anne Matheson have been included in Managing Intellectual Property’s Top 250 Women in IP list for 2019/20. This special recognition recognizes female practitioners in private practice who have performed exceptionally for their clients and firms in the past year. This follows the announcement that 44 Hogan Lovells lawyers were named ‘Patent Stars’ and ‘Trademark Stars’ in the 2019 edition of IP Stars, as well as being named Global IP Firm of the Year for the second consecutive

Posted in Intellectual Property

Italy: Best Law Firm of the Year – Legalcommunity IP & TMT Awards

We are delighted to announce that in the Legalcommunity IP&TMT Awards in Milan last night, we were awarded Best Law Firm of the Year, for the second time. The Legalcommunity awards recognize excellence in the legal market in the field of intellectual property protection, telecommunications and media, and our widely regarded as one of the most important Italian award in the sector.

Posted in Intellectual Property

M&A 2018 in Review and 2019 Outlook: IP in the mix

Around the globe and across a wide variety of industry sectors, our IP practice collaborated with our corporate and other practice areas of our firm to provide integrated legal services for our clients and friends on exciting, challenging, and innovative M&A transactions, and shared many successes throughout 2018. Once again, your transactions propelled Hogan Lovells to top 10 M&A rankings globally, as well as top 10 rankings in Europe, Asia-Pacific, the United States, the United Kingdom, Germany, France, and Russia. We are pleased to share with you our 2018 M&A Year in Review

Posted in Copyright, Intellectual Property Photo of Patrick Fromlowitz

EU: “Der Grüne Punkt” is not a trademark used for packaged goods

“Der Grüne Punkt” is a concept that presumably everyone in Germany is familiar with; recently, the financing symbol for participation in the dual collection and recovery systems was the subject matter of proceedings before the General Court (GC). The General Court’s main task was to examine the question of whether proven use of the trademark on packaging is sufficient to prove that the trademark is, at the same time, also used for the packaged goods themselves. Background In 1996, Duales System Deutschland GmbH registered “Der Grüne Punkt” and the corresponding

Posted in Intellectual Property, Policy & Regulation Photo of Burkhart Goebel

Hogan Lovells named MIP Global Firm of the Year – Second year running!

Hogan Lovells global IPMT practice has been awarded the accolade of ‘Global IP Firm of the Year’ at the Managing Intellectual Property North America awards – becoming the first firm to win the award in consecutive years and the only firm to win it three times. The award recognizes the strength of our global practice and the excellent work done by our teams in assisting clients on business critical matters. This is underpinned by MIP also awarding us: Germany – Impact Case of the Year for our work on the

Posted in Intellectual Property, Policy & Regulation

Join Us: Hogan Lovells Innovation Lounge

April 16 from 5:30 – 8:30pm || Hogan Lovells, Washington, D.C. On April 16, join us for a networking event highlighting cutting-edge technology. Joining us are four industry trailblazers discussing a range of innovative technologies, research, and ideas. The conversation will explore existing and forthcoming legal issues associated with our panelists pioneering work. Hors d’oeuvres and drinks will be served before the presentations and a cocktail reception will follow. Please register here. Panelists Ryan Brown, Assistant General Counsel & Director, Legal Rosetta Stone Ryan Brown is the Assistant General Counsel& Director, Legal at Rosetta Stone, a

Posted in Intellectual Property, Internet, Policy & Regulation, Technology Photo of Jane Seager

EUIPO issues a Comparative Case Study on Alternative Resolution Systems for Domain Name Disputes

The European Union Intellectual Property Office (EUIPO) recently published a Comparative Case Study on Alternative Resolution Systems for Domain Name Disputes which highlights the main similarities and differences between various Dispute Resolution Procedures (DRPs), analysing in particular the different procedures, fees, timelines and case statistics.  The study also compared the likely outcomes of a few selected DRPs in relation to various pre-defined case scenarios.  The objective of the study was to compare and contrast the key characteristics of each DRP and bring greater clarity for all interested parties. The study

Posted in Intellectual Property, Policy & Regulation, Technology Photo of Eugene LowPhoto of Andrew McGintyPhoto of Stefaan MeuwissenPhoto of Andrew CobdenPhoto of Yu-an Chang

China breaks new ground with Foreign Investment Law-related IP reform

In a recent move involving both the Chinese legislature (the National People’s Congress) and the executive branch (the State Council), China has overhauled two of its most important pieces of legislation governing inbound IP-related investments. The first major change was the adoption of the new Foreign Investment Law (“FIL”) on 15 March 2019 (full text in Chinese here, English version available upon request). The new FIL will enter into force on 1 January 2020, and the existing legislation that has formed the backbone of Foreign Direct Investment regulation since the